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Lanell Long v. Aubrey Clark Long, Jr.
Date: 04-15-2015
Case Number: CJ-2013-2537
Judge: Thomas E. Prince
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney: George Brown and Chuck Battles
Defendant's Attorney: Mike Brogan
Description:
Oklahoma City, OK - Lanell Long sued Aubrey Clark Long, Jr. on a tortious interference contract theory claiming:
I.
PARTIES
1. Plaintiff is an individual who resides in Oklahoma County, Oklaho am.
2. Defendant is an individual who resides in Oklahoma County, Oklahoma.
3. The events giving rise to this lawsuit occurred in Oklahoma Count, Oklahoma.
II.
JURISDICTION AND VENUE
Plaintiff incorporates by reference the allegations contained in paragraphs 1 hrough 3.
4. This Court has jurisdiction over this matter because the facts giving i ise to this cause of action occurred in Oklahoma County, Oklahoma and the total amount in controv'rsy is in excess of $10,000.00.
5. Oklahoma County, Oklahoma is the proper venue for this action because it is the county where the events giving rise to this lawsuit occurred.
III.
STATEMENT OF FACTS
Plaintiff incorporates by reference the allegations contained in paragraphs 1 through 5.
6. The parties were married on or about June 23, 1995. The parties remained married until on or about June 12, 2009 when the Court entered a Decree of Dissolutior of Marriage in Oklahoma Countu District Court Case No. FD-2007-5575.
7. While the parties were married, they acquired several properties thac they converted into rent-to-own properties. During the divorce litigation, Defendant submitted documents to the Court concerning the remaining balance of the properties. Plaintiff was awarded sev'ral rent-to-own properties in the divorce.
8. Thereafter, mortgagors of the rent-to-own properties awarded to Plaintiff began refusing to paypursuant to the rent-to-own agreements. Plaintiff filed foreclosure ac ions against the mortgagors because of their defaults.
9. Subsequent to the defaults, it was discovered that Defendant had informed the mortgagors that they had fulfilled their obligations of the rent-to-own agreements and that they were no longer required to pay. Defendant's representations to the mortgagors were untruthful and Defendant acted with intent to harm Plaintiff
10. As a result of Defendant's actions, Plaintiff lost income because of tie lost payments by the mortgagors and she also incurred legal fees in recovering the properties. Plaini if also endured significant emotional distress and still remains in fear that Defendant will attempi undermine her rent-to-own agreements with other mortgagors.
THEORIES OF RECOVERY
FIRST CLAIM FOR RELIEF
(Tortious Interference of Business Relationships)
Plaintiff incorporates by reference the allegations contained in paragraphs 1 through 10.
11. Plaintiff had rent-to-own agreements with mortgagors. Defendant w is aware ofthese rent-to-own agreements.
12. Defendant interfered with the rent-to-own agreements by misleading Plaintiff's mortgagors to believe that they had fulfilled their obligations. Defendant's actions were intentional and his actions were neither justified, privileged, nor excusable. Furthermore, Defendant used improper means in interfering with the rent-to-own agreements.
13. Plaintiff suffered damages as a result of Defendant's actions.
14. Defendant's actions were willful and deliberate and intended to inflict harm upn Plaintiff such that Defendant should be ordered to pay punitive damages to Plaint ff in an amount pursuant to Oklahoma law.
WHEREFORE, premises considered, Plaintiffprays that this Court enter ajudgment against Defendant for actual damages in excess of$ 10,000.00; for punitive damages; for att)mey' s fees and costs; for pre and post-judgment interest; and for such other and further relief as this Court deems just and equitable.
SECOND CLAIM FOR RELIEF
(Intentional Infliction of Emotional Distress/Outrage)
Plaintiff incorporates by reference the allegations contained in paragraphs 1 through 14.
15, Defendant's actions in the setting in which they occurred were so extreme and outrageous as to go beyond all possible bounds of decency and would be considered utterly intolerable in a civilized society.
16. Defendant intentionally or recklessly caused severe emotional distress to Plaintiff beyond that which a reasonable person could be expected to endure.
Docket
Date Code Description Count Party Amount
04-30-2013 TEXT
Civil relief more than $10,000 Initial Filing.
1
04-30-2013 INTERFERE
TORTIOUS INTERFERENCE CONTRACT
04-30-2013 DMFE
DISPUTE MEDIATION FEE
$ 2.00
04-30-2013 PFE1
PETITION
$ 163.00
04-30-2013 PFE7
LAW LIBRARY FEE
$ 6.00
04-30-2013 OCISR
Oklahoma Court Information System Revolving Fund
$ 25.00
04-30-2013 CCADMIN02
Court Clerk Administrative Fee on $2 Collections
$ 0.20
04-30-2013 OCJC
Oklahoma Council on Judicial Complaints Revolving Fund
$ 2.00
04-30-2013 OCASA
Oklahoma Court Appointed Special Advocates
$ 5.00
04-30-2013 CCADMIN04
Court Clerk Administrative Fee on Collections
$ 0.50
04-30-2013 LTF
Lengthy Trial Fund
$ 10.00
04-30-2013 SMF
Summons Fee (Clerks Fee)
$ 5.00
04-30-2013 EAA
ENTRY OF APPEARANCE BY ATTY GEORGE H. BROWN AND CHARLES T. BATTLE FOR PLAINTIFF LANELL LONG
Document Available (#1021323367)
04-30-2013 P
Petition
Document Available (#1021624976)
04-30-2013 TEXT
OCIS has automatically assigned Judge Prince, Thomas E to this case.
04-30-2013 ACCOUNT
Receipt # 2013-3116756 on 04/30/2013.
Payor:BROWN & GOULD PLLC Total Amount Paid: $218.70.
Line Items:
CJ-2013-2537: $168.00 on AC01 Clerk Fees.
CJ-2013-2537: $6.00 on AC23 Law Library Fee.
CJ-2013-2537: $0.70 on AC31 Court Clerk Revolving Fund.
CJ-2013-2537: $5.00 on AC58 Oklahoma Court Appointed Special Advocates.
CJ-2013-2537: $2.00 on AC59 Oklahoma Council on Judicial Complaints Revolving Fund.
CJ-2013-2537: $2.00 on AC64 Dispute Mediation Fees.
CJ-2013-2537: $25.00 on AC79 OCIS Revolving Fund.
CJ-2013-2537: $10.00 on AC81 Lengthy Trial Fund.
10-09-2013 AMP
first Amended Petition
Document Available (#1023233002)
10-21-2013 SMF
ALIAS SUMMONS FEE
$ 5.00
10-21-2013 ACCOUNT
Receipt # 2013-3226992 on 10/21/2013.
Payor:BROWN & GOULD PLLC Total Amount Paid: $5.00.
Line Items:
CJ-2013-2537: $5.00 on AC01 Clerk Fees.
12-20-2013 SMS
Summons Returned, Served: AUBREY CLARK LONG, JR. PERSONALLY ON 12-19-13
Document Available (#1023821308)
01-10-2014 A
ANSWER OF DEFENDANT AUBREY CLARK, LONG, JR
Document Available (#1023657729)
06-18-2014 MO
motion for leave to amend petition
Document Available (#1026431249)
06-27-2014 APLI
application to withdraw as counsel of record
Document Available (#1026463573)
07-11-2014 O
order granting application to withdraw as counsel of record
Document Available (#1026502343)
07-18-2014 CTFREE
PRINCE: PLTF'S MOTION FOR LEAVE TO AMEND PETITION, MOOT. PARTIES PRESENTED AGREED ORDER
07-23-2014 O
Order SUSTAINING PLAINTIFFS MOTON FOR LEAVE TO AMEND PETITION/PRINCE
Document Available (#1026680254)
07-28-2014 AMP
Second Amended Petition
Document Available (#1026722241)
08-07-2014 A
ANSWER TO SECOND AMENDED PETITION
Document Available (#1026797397)
09-25-2014 MO
Motion to enter
Document Available (#1027255488)
10-31-2014 CTFREE
PRINCE: MTE CONT TO 11-7-14 10:00
11-07-2014 CTFREE
PRINCE: MTE HELD; PTC SET 4-15-15 @ 11:30 AM
11-07-2014 SO
SCHEDULING ORDER
Document Available (#1027703119)
02-13-2015 WL
DEFENDANT'S PRELIMINARY WITNESS AND EXHIBIT LIST
Document Available (#1028610126)
04-06-2015 APLI
application to withdraw as attoarney for defendant aubrey clark ong, ljr.
Document Available (#1029086613)
04-15-2015 DISPCVDM
PRINCE: PTC STRICKEN, CASE SETTLED
1 Long, Aubrey Clark Jr
04-15-2015 DISPCVDMWP
DISMISSAL WITH PREJUDICE
Document Available (#1028695901)
1 Long, Aubrey Clark Jr
I.
PARTIES
1. Plaintiff is an individual who resides in Oklahoma County, Oklaho am.
2. Defendant is an individual who resides in Oklahoma County, Oklahoma.
3. The events giving rise to this lawsuit occurred in Oklahoma Count, Oklahoma.
II.
JURISDICTION AND VENUE
Plaintiff incorporates by reference the allegations contained in paragraphs 1 hrough 3.
4. This Court has jurisdiction over this matter because the facts giving i ise to this cause of action occurred in Oklahoma County, Oklahoma and the total amount in controv'rsy is in excess of $10,000.00.
5. Oklahoma County, Oklahoma is the proper venue for this action because it is the county where the events giving rise to this lawsuit occurred.
III.
STATEMENT OF FACTS
Plaintiff incorporates by reference the allegations contained in paragraphs 1 through 5.
6. The parties were married on or about June 23, 1995. The parties remained married until on or about June 12, 2009 when the Court entered a Decree of Dissolutior of Marriage in Oklahoma Countu District Court Case No. FD-2007-5575.
7. While the parties were married, they acquired several properties thac they converted into rent-to-own properties. During the divorce litigation, Defendant submitted documents to the Court concerning the remaining balance of the properties. Plaintiff was awarded sev'ral rent-to-own properties in the divorce.
8. Thereafter, mortgagors of the rent-to-own properties awarded to Plaintiff began refusing to paypursuant to the rent-to-own agreements. Plaintiff filed foreclosure ac ions against the mortgagors because of their defaults.
9. Subsequent to the defaults, it was discovered that Defendant had informed the mortgagors that they had fulfilled their obligations of the rent-to-own agreements and that they were no longer required to pay. Defendant's representations to the mortgagors were untruthful and Defendant acted with intent to harm Plaintiff
10. As a result of Defendant's actions, Plaintiff lost income because of tie lost payments by the mortgagors and she also incurred legal fees in recovering the properties. Plaini if also endured significant emotional distress and still remains in fear that Defendant will attempi undermine her rent-to-own agreements with other mortgagors.
THEORIES OF RECOVERY
FIRST CLAIM FOR RELIEF
(Tortious Interference of Business Relationships)
Plaintiff incorporates by reference the allegations contained in paragraphs 1 through 10.
11. Plaintiff had rent-to-own agreements with mortgagors. Defendant w is aware ofthese rent-to-own agreements.
12. Defendant interfered with the rent-to-own agreements by misleading Plaintiff's mortgagors to believe that they had fulfilled their obligations. Defendant's actions were intentional and his actions were neither justified, privileged, nor excusable. Furthermore, Defendant used improper means in interfering with the rent-to-own agreements.
13. Plaintiff suffered damages as a result of Defendant's actions.
14. Defendant's actions were willful and deliberate and intended to inflict harm upn Plaintiff such that Defendant should be ordered to pay punitive damages to Plaint ff in an amount pursuant to Oklahoma law.
WHEREFORE, premises considered, Plaintiffprays that this Court enter ajudgment against Defendant for actual damages in excess of$ 10,000.00; for punitive damages; for att)mey' s fees and costs; for pre and post-judgment interest; and for such other and further relief as this Court deems just and equitable.
SECOND CLAIM FOR RELIEF
(Intentional Infliction of Emotional Distress/Outrage)
Plaintiff incorporates by reference the allegations contained in paragraphs 1 through 14.
15, Defendant's actions in the setting in which they occurred were so extreme and outrageous as to go beyond all possible bounds of decency and would be considered utterly intolerable in a civilized society.
16. Defendant intentionally or recklessly caused severe emotional distress to Plaintiff beyond that which a reasonable person could be expected to endure.
Docket
Date Code Description Count Party Amount
04-30-2013 TEXT
Civil relief more than $10,000 Initial Filing.
1
04-30-2013 INTERFERE
TORTIOUS INTERFERENCE CONTRACT
04-30-2013 DMFE
DISPUTE MEDIATION FEE
$ 2.00
04-30-2013 PFE1
PETITION
$ 163.00
04-30-2013 PFE7
LAW LIBRARY FEE
$ 6.00
04-30-2013 OCISR
Oklahoma Court Information System Revolving Fund
$ 25.00
04-30-2013 CCADMIN02
Court Clerk Administrative Fee on $2 Collections
$ 0.20
04-30-2013 OCJC
Oklahoma Council on Judicial Complaints Revolving Fund
$ 2.00
04-30-2013 OCASA
Oklahoma Court Appointed Special Advocates
$ 5.00
04-30-2013 CCADMIN04
Court Clerk Administrative Fee on Collections
$ 0.50
04-30-2013 LTF
Lengthy Trial Fund
$ 10.00
04-30-2013 SMF
Summons Fee (Clerks Fee)
$ 5.00
04-30-2013 EAA
ENTRY OF APPEARANCE BY ATTY GEORGE H. BROWN AND CHARLES T. BATTLE FOR PLAINTIFF LANELL LONG
Document Available (#1021323367)
04-30-2013 P
Petition
Document Available (#1021624976)
04-30-2013 TEXT
OCIS has automatically assigned Judge Prince, Thomas E to this case.
04-30-2013 ACCOUNT
Receipt # 2013-3116756 on 04/30/2013.
Payor:BROWN & GOULD PLLC Total Amount Paid: $218.70.
Line Items:
CJ-2013-2537: $168.00 on AC01 Clerk Fees.
CJ-2013-2537: $6.00 on AC23 Law Library Fee.
CJ-2013-2537: $0.70 on AC31 Court Clerk Revolving Fund.
CJ-2013-2537: $5.00 on AC58 Oklahoma Court Appointed Special Advocates.
CJ-2013-2537: $2.00 on AC59 Oklahoma Council on Judicial Complaints Revolving Fund.
CJ-2013-2537: $2.00 on AC64 Dispute Mediation Fees.
CJ-2013-2537: $25.00 on AC79 OCIS Revolving Fund.
CJ-2013-2537: $10.00 on AC81 Lengthy Trial Fund.
10-09-2013 AMP
first Amended Petition
Document Available (#1023233002)
10-21-2013 SMF
ALIAS SUMMONS FEE
$ 5.00
10-21-2013 ACCOUNT
Receipt # 2013-3226992 on 10/21/2013.
Payor:BROWN & GOULD PLLC Total Amount Paid: $5.00.
Line Items:
CJ-2013-2537: $5.00 on AC01 Clerk Fees.
12-20-2013 SMS
Summons Returned, Served: AUBREY CLARK LONG, JR. PERSONALLY ON 12-19-13
Document Available (#1023821308)
01-10-2014 A
ANSWER OF DEFENDANT AUBREY CLARK, LONG, JR
Document Available (#1023657729)
06-18-2014 MO
motion for leave to amend petition
Document Available (#1026431249)
06-27-2014 APLI
application to withdraw as counsel of record
Document Available (#1026463573)
07-11-2014 O
order granting application to withdraw as counsel of record
Document Available (#1026502343)
07-18-2014 CTFREE
PRINCE: PLTF'S MOTION FOR LEAVE TO AMEND PETITION, MOOT. PARTIES PRESENTED AGREED ORDER
07-23-2014 O
Order SUSTAINING PLAINTIFFS MOTON FOR LEAVE TO AMEND PETITION/PRINCE
Document Available (#1026680254)
07-28-2014 AMP
Second Amended Petition
Document Available (#1026722241)
08-07-2014 A
ANSWER TO SECOND AMENDED PETITION
Document Available (#1026797397)
09-25-2014 MO
Motion to enter
Document Available (#1027255488)
10-31-2014 CTFREE
PRINCE: MTE CONT TO 11-7-14 10:00
11-07-2014 CTFREE
PRINCE: MTE HELD; PTC SET 4-15-15 @ 11:30 AM
11-07-2014 SO
SCHEDULING ORDER
Document Available (#1027703119)
02-13-2015 WL
DEFENDANT'S PRELIMINARY WITNESS AND EXHIBIT LIST
Document Available (#1028610126)
04-06-2015 APLI
application to withdraw as attoarney for defendant aubrey clark ong, ljr.
Document Available (#1029086613)
04-15-2015 DISPCVDM
PRINCE: PTC STRICKEN, CASE SETTLED
1 Long, Aubrey Clark Jr
04-15-2015 DISPCVDMWP
DISMISSAL WITH PREJUDICE
Document Available (#1028695901)
1 Long, Aubrey Clark Jr
Outcome:
Settled and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Lanell Long v. Aubrey Clark Long, Jr.?
The outcome was: Settled and dismissed with prejudice.
Which court heard Lanell Long v. Aubrey Clark Long, Jr.?
This case was heard in District Court, Tulsa County, Oklahoma, OK. The presiding judge was Thomas E. Prince.
Who were the attorneys in Lanell Long v. Aubrey Clark Long, Jr.?
Plaintiff's attorney: George Brown and Chuck Battles. Defendant's attorney: Mike Brogan.
When was Lanell Long v. Aubrey Clark Long, Jr. decided?
This case was decided on April 15, 2015.